A new federal decision overrules a state law that affects HAZMAT motor carrier drivers. According to the website for Commercial Carrier Journal, ccj.com, and other industry sources, a federal regulatory body has recently preempted a California statute that requires time-controlled rest and meal breaks for motor carriers, at least in the case of HAZMAT transportation.
California law says that rest periods and meal breaks are required for all workers, including commercial drivers. In that state, an employer must provide all employees with a half-hour meal break during any work period of five hours or more. A second meal break is mandated after 10 hours, and one 10-minute rest period is required for each four hours on the job. In the case of transporters, these standards apply to not only California-based carriers, but to any over-the-road company who operates in that state. As a result, the laws have sway over many North American trucking companies.
Overwork and undernourishment have been clearly established as safety risks, so these regulations are widely regarded as reasonable and beneficial. But in a few job categories strictly-stipulated rest and meal periods are seen, by some, as a hinderance to public safety. Among those is the transportation of hazardous materials. The National Tank Truck Carriers Association (NTTCA) requested that federal oversight relieve HAZMAT transporters of these requirements. At least for the time being, that request has been approved by the Pipeline and Hazardous Materials Safety Administration (PHMSA).
The carriers believe that the California code is in opposition to federal laws which also have the intent of safe and secure transportation of hazardous substances. Such loads are special, thanks to their dangerous nature, and require expedient delivery along allowable routes, sometimes with the escort of special security teams or law enforcement. Many times, the regulations governing HAZMAT transportation demand “constant attendance of cargo”, and that, according to the NTTCA and its supporters cannot always be honored if breaks must take place at the intervals set by California law. The group also cited a 1994 ruling known as “F4A” which prohibits states from enacting laws for motor carriers that contradict federal code.
California has 20 days to challenge this decision and two months to request a judicial review.
This latest episode in the discussion over mandated breaks is an excellent example of specific circumstances creating a ‘Catch-22’ for HAZMAT transporters. Surely a rested driver is a safer one, and that is of utmost importance for those drivers charged with moving dangerous substances. But the special logistics of these loads is in the public interest, too, and may demand somewhat extraordinary work on the part of the driver. Then again, how can a company ask the best of their drivers if those people are not well-rested and fed?
Findlay All Hazards believes that transportation plans can be created that accommodate both the safety of the driver and the security of their load. Short-shift driver rotation may be an answer. Working with security specialists and local authorities to earn variances in HAZMAT-approved routes may be another. And simply helping you to understand the current (and shifting) state-by-state requirements that effect your operation is a valuable resource.
Talk to a Findlay expert today. We can help you build a coast-to-coast hazardous substance transportation policy that will ensure the safest conveyance with true compliance.
California law says that rest periods and meal breaks are required for all workers, including commercial drivers. In that state, an employer must provide all employees with a half-hour meal break during any work period of five hours or more. A second meal break is mandated after 10 hours, and one 10-minute rest period is required for each four hours on the job. In the case of transporters, these standards apply to not only California-based carriers, but to any over-the-road company who operates in that state. As a result, the laws have sway over many North American trucking companies.
Overwork and undernourishment have been clearly established as safety risks, so these regulations are widely regarded as reasonable and beneficial. But in a few job categories strictly-stipulated rest and meal periods are seen, by some, as a hinderance to public safety. Among those is the transportation of hazardous materials. The National Tank Truck Carriers Association (NTTCA) requested that federal oversight relieve HAZMAT transporters of these requirements. At least for the time being, that request has been approved by the Pipeline and Hazardous Materials Safety Administration (PHMSA).
The carriers believe that the California code is in opposition to federal laws which also have the intent of safe and secure transportation of hazardous substances. Such loads are special, thanks to their dangerous nature, and require expedient delivery along allowable routes, sometimes with the escort of special security teams or law enforcement. Many times, the regulations governing HAZMAT transportation demand “constant attendance of cargo”, and that, according to the NTTCA and its supporters cannot always be honored if breaks must take place at the intervals set by California law. The group also cited a 1994 ruling known as “F4A” which prohibits states from enacting laws for motor carriers that contradict federal code.
California has 20 days to challenge this decision and two months to request a judicial review.
This latest episode in the discussion over mandated breaks is an excellent example of specific circumstances creating a ‘Catch-22’ for HAZMAT transporters. Surely a rested driver is a safer one, and that is of utmost importance for those drivers charged with moving dangerous substances. But the special logistics of these loads is in the public interest, too, and may demand somewhat extraordinary work on the part of the driver. Then again, how can a company ask the best of their drivers if those people are not well-rested and fed?
Findlay All Hazards believes that transportation plans can be created that accommodate both the safety of the driver and the security of their load. Short-shift driver rotation may be an answer. Working with security specialists and local authorities to earn variances in HAZMAT-approved routes may be another. And simply helping you to understand the current (and shifting) state-by-state requirements that effect your operation is a valuable resource.
Talk to a Findlay expert today. We can help you build a coast-to-coast hazardous substance transportation policy that will ensure the safest conveyance with true compliance.
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